Constitutional Bodies

Model Answer

Introduction

The Comptroller and Auditor General (CAG) of India, as per Articles 148 to 151 of the Indian Constitution, plays a critical role in ensuring transparency and accountability in the financial administration of the government. Its reports serve as a key instrument in scrutinizing the executive’s financial activities, thus maintaining parliamentary oversight.

Role of CAG Reports in Ensuring Executive Accountability:

1. Scrutiny of Government Finances: The CAG’s reports provide an exhaustive analysis of the government’s financial operations, including revenue, expenditure, and liabilities, thereby offering Parliament a clear picture of the financial health of the government.
   • Example: The CAG’s report on the coal block allocation scam in 2014 highlighted irregularities, leading to investigations and the cancellation of several allocations by the Supreme Court.
2. Scrutiny by the Public Accounts Committee (PAC): The CAG acts as an advisor to the PAC, which examines its reports to hold the executive accountable. The PAC’s interactions with government officials ensure that audit findings are acted upon.
   • Example: The PAC’s review of the CAG report on the Rafale fighter jet deal played a crucial role in raising questions on the deal’s transparency.
3. Performance Evaluation: The CAG’s performance audits assess the efficiency and effectiveness of government programs, helping Parliament evaluate the executive’s performance and take corrective actions.
   • Example: The 2021 CAG report on GST implementation led to reforms in the administration of the tax system.
4. Compliance Monitoring: Through compliance audits, the CAG ensures that the executive adheres to financial regulations and laws, preventing misuse of public funds.
5. Public Scrutiny and Transparency: The CAG’s reports are publicly accessible, allowing citizens and civil society to engage with the findings and demand greater accountability from the executive.
   • Example: The CAG reports on the 2G spectrum allocation and Commonwealth Games scams fueled public demands for accountability.

Conclusion

The CAG’s reports are a cornerstone of financial accountability in India. They enable Parliament to critically assess the executive’s financial practices and ensure responsible management of public resources, thereby fostering transparency and good governance.

Model Answer

Introduction

In 2023, the government introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill to regulate the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This move follows a significant Supreme Court judgment in March 2023, which challenged the central government’s exclusive control over these appointments.

Supreme Court Judgment (March 2023)

1. Issue at Hand: The Court examined a petition that questioned the existing practice, where the central government had sole discretion in appointing the CEC and ECs.
2. Judgment Details: The Court ruled that the current system was unconstitutional, as it compromised the independence of the Election Commission (EC).
3. Proposed Selection Committee: The Court established a new framework, recommending a committee consisting of the Prime Minister, Leader of the Opposition (or largest opposition party in Lok Sabha), and the Chief Justice of India (CJI) to recommend appointments.
4. Reasoning: The Court emphasized the importance of an independent Election Commission to guarantee free and fair elections, which is crucial for India’s democracy.

Government Bill (August 2023)

1. Objective: The Bill aims to formalize the process of appointing the CEC and ECs, replacing the existing system with a more structured framework.
2. Proposed Selection Committee: The Bill suggests a committee comprising the Prime Minister, the Home Minister, and the Leader of Opposition in the Lok Sabha.
3. Concerns: Critics argue that the inclusion of the Home Minister—an active political figure—compromises the neutrality of the selection process, unlike the CJI, who is seen as an independent authority.
4. Deviating from Court Judgment: The Bill replaces the CJI with the Home Minister in the selection committee, which raises questions regarding the government’s commitment to judicial independence.
5. Government’s Rationale: The government argues that Article 324(2) of the Constitution gives Parliament the power to enact such a law, asserting that the Bill is within constitutional limits.

Suggested Measures

1. Enhancing Independence: Appointments should involve a bipartisan committee that includes a range of stakeholders. Additionally, the minutes of the selection committee should be made public to ensure transparency.
2. Judicial Restraint: While judicial activism is essential, the judiciary must exercise caution to avoid overreach and only intervene when necessary to uphold the Constitution.
3. Independent Election Commission: The EC should be granted full autonomy, with a dedicated cadre of officers responsible for election-related duties.
4. Strengthening Infrastructure: Following the Supreme Court’s recommendation, the government should establish a permanent secretariat for the EC and ensure it has adequate funding and infrastructure.

Conclusion

The Supreme Court’s ruling and the government’s Bill highlight the delicate balance between ensuring an independent Election Commission and maintaining governmental oversight. It is vital to preserve the impartiality and transparency of the Election Commission to safeguard the integrity of India’s democratic process. The ongoing discourse around these issues must carefully weigh the principles of accountability, independence, and fairness to strengthen India’s electoral system.